Hysterectomy permissible on schizophrenic woman

Surgeons can perform a hysterectomy on a patient with paranoid schizophrenia who has been diagnosed with ovarian cancer and lacks the mental capacity to make decisions about treatment, a judge sitting in the Court of Protection (Central Family Court, London) has ruled on 5 May 2016. Mr. Justice MacDonald, however, opined that surgery would be in the woman's best interests after concerned officials at the National Health Service (NHS) hospitals trust with responsibility for any cancer treatment asked him for rulings.

The judge analysed the case at a public hearing in the Court of Protection where judges consider issues relating to sick and vulnerable people who might not be mentally capable of making decisions.

The woman's interests were represented by staff from the office of the official solicitor, who helps vulnerable people embroiled in litigation. Lawyers representing the NHS trust said the woman, who is in her 30s, had expressed a wish to have a child. But they said doctors thought she would die before the year ended if she did not have surgery. A barrister instructed by the official solicitor supported the trust's application and said evidence relating to the diagnosis seemed “overwhelming”.

Justice MacDonald ruled that the trust could not be named until the woman had undergone surgery, left hospital and returned to a specialist mental health unit. He said he wanted to ensure there was no possibility of the woman being recognised.

Vikram Sachdeva QC, who represented the hospitals trust, said the woman was admitted to hospital for surgery but declined it, which had necessitated an application to the court. He also said that without surgical treatment her life expectancy – assuming the diagnosis of ovarian cancer is correct, the probability is at least 80% – would be nearly six months. Having surgery would widen the chance of a cure, and likely survival of at least 3-5 years. Justice MacDonald was satisfied that the woman lacked the mental capacity to make decisions.

Compiled by Law desk (THEGUARDIAN.COM).